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    Krivenko Case

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    Sab dela Rosa
    1. Alexander Krivenko, an alien, bought a residential lot in 1941 but was unable to register it due to the war. In 1945, the Register of Deeds denied his registration because as a foreigner he cannot own land under the Philippine Constitution. 2. The issues are whether an alien can acquire residential land under the Constitution, and if prohibitions on alien land ownership apply to private lands acquired before the Constitution. 3. The Court held that the Constitution prohibits alien ownership of urban/residential lands. However, the prohibition did not apply to private lands acquired by aliens before the Constitution, as prior law allowed alien land ownership through reciprocity.

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    Krivenko Case

    Uploaded by

    Sab dela Rosa
    48 views2 pages
    1. Alexander Krivenko, an alien, bought a residential lot in 1941 but was unable to register it due to the war. In 1945, the Register of Deeds denied his registration because as a foreigner he cannot own land under the Philippine Constitution. 2. The issues are whether an alien can acquire residential land under the Constitution, and if prohibitions on alien land ownership apply to private lands acquired before the Constitution. 3. The Court held that the Constitution prohibits alien ownership of urban/residential lands. However, the prohibition did not apply to private lands acquired by aliens before the Constitution, as prior law allowed alien land ownership through reciprocity.

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    1. Alexander Krivenko, an alien, bought a residential lot in 1941 but was unable to register it due to the war. In 1945, the Register of Deeds denied his registration because as a foreigner he cannot own land under the Philippine Constitution. 2. The issues are whether an alien can acquire residential land under the Constitution, and if prohibitions on alien land ownership apply to private lands acquired before the Constitution. 3. The Court held that the Constitution prohibits alien ownership of urban/residential lands. However, the prohibition did not apply to private lands acquired by aliens before the Constitution, as prior law allowed alien land ownership through reciprocity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    48 views2 pages

    Krivenko Case

    Uploaded by

    Sab dela Rosa
    1. Alexander Krivenko, an alien, bought a residential lot in 1941 but was unable to register it due to the war. In 1945, the Register of Deeds denied his registration because as a foreigner he cannot own land under the Philippine Constitution. 2. The issues are whether an alien can acquire residential land under the Constitution, and if prohibitions on alien land ownership apply to private lands acquired before the Constitution. 3. The Court held that the Constitution prohibits alien ownership of urban/residential lands. However, the prohibition did not apply to private lands acquired by aliens before the Constitution, as prior law allowed alien land ownership through reciprocity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-630            November 15, 1947


    ALEXANDER A. KRIVENKO, petitioner-appellant,
    vs.
    THE REGISTER OF DEEDS, CITY OF MANILA, respondent and appellee.

    Facts:
    In December 1941, Alexander Krivenko, an alien, bought a residential lot from
    Magdalena Estate Inc. The registration was interrupted by the war. In May 1945, he
    sought to accomplish the said registration but was denied by the Register of Deeds of
    Manila on the grounds that he is a foreigner and he cannot acquire a land in this
    jurisdiction. Krivenko brought the case to the CFI of Manila. The CFI ruled that he
    cannot own a land, being an alien.

    Issue:

    1. Whether or not an alien under our Constitution may acquire residential land?
    2. Whether or not the prohibitions of the rights to acquire residential lot that was already
    of private ownership prior to the approval of this Constitutions is applicable at the case
    at bar?

    Held:

    1. NO. Under the Article XIII, Section 1, of the Constitution states that: All agricultural,
    timber, and mineral lands of the public domain, water, minerals, coal, petroleum, and
    other mineral oils, all forces of potential energy, and other natural resources of the
    Philippines belong to the State, and their disposition, exploitation, development, or
    utilization shall be limited to citizens of the Philippines, or to corporations or associations
    at least sixty per centum of the capital of which is owned by such citizens, subject to any
    existing right, grant, lease, or concession at the time of the inauguration of the
    Government established under this Constitution. This means to say that, under the
    provisions of the Constitutions, aliens are not allowed to acquire the ownership of urban
    or residential lands in the Philippines and, as consequence, all acquisitions made in
    contravention of the prohibitions since the fundamental law became effective are null
    and void per se and ab initio.

    2. Prior to the Constitution, there were in the Public Land Act No. 2874 sections 120 and
    121 which granted aliens the right to acquire private only by way of reciprocity. It is to be
    observed that the phrase "no land" used in this section refers to all private lands,
    whether strictly agricultural, residential or otherwise, there being practically no private
    land which had not been acquired by any of the means provided in said two sections.
    Therefore, the prohibition contained in these two provisions was, in effect, that no
    private land could be transferred to aliens except "upon express authorization by the
    Philippine Legislature, to citizens of Philippine Islands the same right to acquire, hold,
    lease, encumber, dispose of, or alienate land." In other words, aliens were granted the
    right to acquire private land merely by way of reciprocity.

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